This issue of The PTAB Review begins with a brief update about the U.S. Patent & Trademark Office (USPTO) Guidelines for when institution of an America Invents Act (AIA) trial (e.g., inter partes review or post-grant review) should be denied based on the status of a parallel litigation. Next, we examine USPTO Director Kathi Vidal’s exercise of her supervisory authority over PTAB trial decisions. From there, we provide a summary of several recent Federal Circuit cases addressing AIA trials. Finally, we summarize the USPTO’s recent requests for comments and proposed rulemaking relevant to AIA trials.
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